Owner produces undertakings thrice before JMC to use building/premises for residential purpose but every time starts commercial activity making mockery of law of land put question mark on leniency of JMC towards owner and trusting habitual offender again and again
Residents of Channi Himmat Govt Housing Colony deeply disappointed with working of JMC disturbing their peace with boom in commercial construction on residential plots allowing commercial activities against approved site plans with patronage of JMC enforcement staff
Owner is running multi brand showroom on an area of 1227 Sqft a full-fledged commercial hall against total plot area on ground floor 1650 Sqft in disguise of Boutique to befool law abiding citizens in Zonal Planned Housing Board Colony Channi Himmat which is non existent
Locals claim commercial activity causing nuisance, environmental pollution due to ingress and egress of customer’s vehicles and disturbs their peace as there is no parking facility and public vehicles are often parked on roadside also causing traffic jams besides violating their fundamental right as guaranteed under Article 21 of Indian Constitution
GY CORRESPONDENT
jammu, jun 11
Despite public complaints of serious nature that one Vandana Sharma wife of Sushil Kumar running Jammu Studio yet again misusing undertaking by running Multi brand readymade Garments showroom without permission from JMC covering hundred percent area in residential area on a residential plot 286/7 Channi Himmat Jammu despite grant of status Quo granted by Special Tribunal dated 11-7-2017 against demolition notice under section 7 (3) vide No.MJ/CEO/136/03/17 dated 20-6-2017 for making land use change of approved site plan No.2075/BS/2009 dated 14-9-2009 for constructing commercial hall covering 1227 Sqft with facility of try room for customers whosoever visits showroom for making purchases which is visible to naked eyes through big glasses fitted towards front side which are transparent in nature against permission of residential ground floor 997 Sqft without maintaining setbacks without parking facility within premises. However JMC under pressure sealed premises third time on 25-8-2022 under section 8(1) of BOCA Act 1988 vide No. JMC/CEO/641-44 claiming that during earlier de-sealing of premises the owner had given undertaking that she will never use premises for commercial activity but after some days she again started running showroom and also the necessary changes which were to be made by owner on the direction of JMC were not made and hence the Showroom is yet again sealed to hoodwink general public of the area. However owner being the habitual offender again moved an application requesting JMC to de-seal the showroom dated 21-9-2022 addressed to Joint Commissioner (R&E) under BOCA Authority JMC lied in application that owner’s wife has been running a boutique for the last 14 years and also given undertaking dated 25-10-2022 that Sushil Kumar wife is running boutique and shall abide by guidelines of Unified Building Bye-laws 2021.
It deserves mentioning here that JMC didn’t bring actual violations and other proceedings done by it into kind notice of Special Tribunal Bench-III and also didn’t file any contempt against owner being habitual offender despite status Quo in place and thus playing sealing-de-sealing drama with owner ignoring Status Quo of Special Tribunal. It deserves mentioning here that the owner is a concrete liar which is evident from their claims that Vandana Sharma running a boutique where as in reality there is no such boutique and by the way Boutique doesn’t cover more than an area of a decent bed room but in practice there is big showroom dealing with readymade garments and by the way when our correspondents visited site as customer ,there were no signs of sewing machines nor any un-stitched garments to get convinced that it is a boutique. Worthwhile to mention here that despite serious violations as mentioned above , JMC yet again de-sealed showroom on the basis of undertaking submitted by owner dated 25-10-2022 vide No. JMC/Estt/8904-08 dated 8-12-2022 hoodwinking general public by claiming in de-sealing order that the moment owner deviate from guidelines of JMP-2032/Unified Building Bye-laws-2021 by using residential premises for commercial purposes the same will be sealed henceforth. Surprisingly JMC higher-ups consistently believed owner that his wife is running boutique but which was never cross-checked as there was no boutique which only proves that JMC is well aware of running of garments showroom covering nearly an area of 1227 Sqft but deliberately shielding owner which is evident from the fact that the showroom in question was thrice sealed and de-sealed. Here also, the owner yet again started running garments showroom very next day of de-sealing of their premises and the same is running as on date. When JMC didn’t listen to aggrieved locals, they finally approached Tribunal pleading to have their say before taking any final decision in the case. As the contents submitted by them before Tribunal had the merit and as a result of which , Tribunal appointed Tehsildar, Bahu as Commission to look into claims of locals whose fundamental right were violated with this construction. In terms of report submitted by a commission chaired by Tehsildar Bahu Jammu (constituted by the Hon’ble J&K Spl. Tribunal), “As per spot position plot No. 286, sector 7 purchased for residential purpose, but utilized for commercial purpose and commercial building has been constructed upon it”. Aggrieved locals also brought into kind notice of Tribunal that in a similar case before the Hon’ble Tribunal in case titled “Smt Santosh Gupta & anr V/S Joint Commissioner (A) incharge BOCA Authority, JMC & Anr” File No. STS/07/2021 (D.O.D 06.06.2022), Notice under section 7(1) and 7(3) were issued to the appellant (therein) with the allegation that the appellant (therein) was running a boutique working as M/s Santushti Boutique at 11-C Shastri Nagar Jammu without permission of the JMC in a residential area covering nearly 2700 Sqft, and the Boutique was constructed covering an area of 1120 Sqft as ground floor in violation of the land use from residential to commercial without maintaining setbacks against JMP-2032 and the appellant was directed to demolish the construction/violation.. There was violation of setbacks, which is a major offence, which is not compoundable. The Hon’ble Tribunal after giving patient hearing to both the sides and after perusal of the record on the case file, dismissed the Appeal and upheld the order impugned (therein) “with direction to the JMC, that action in all cases of change of land use illegally must be initiated.It is submitted that the case of the appellant herein is worse than the case of the appellant referred to above, inasmuch as, in the instant case, the permitted construction area is 997 (in terms of the approved site plan) , but the area covered as on spot is 1227 sq ft. in terms of the objections filed by the JMC, which is a major violation, hence non-compoundable.
Moreover allowing commercial constructions on residential plots making land use change is violations of fundamental rights of aggrieved locals who have lawfully purchased commercial sites in the surrounding of site in question by paying much higher rates and if someone is allowed to raise commercial construction on residential plot that will totally damage well laid down symmetry and also will be against zonal regulations in place and also will contravenes the planned development of Jammu city.
In the light of above it is very unfortunate to note that how can ordinary person dare to play with dignity of Special Tribunal and how can he produce undertakings without any implementation and why concerned agencies are so helpless in taking action against owner who is openly taking law enforcing agencies for granted. JMC Commissioner must constitute a committee to look into the matter as the locals are shocked at the dereliction of duties on part of JMC enforcement staff at the cost of JMP-2032 and also Unified Building Bye-laws 2021 and the premises at 286/7 should be sealed henceforth and this time permanently as by now it is ample clear from the report of Tehsildar Bahu that this is commercial construction and is being used for commercial purposes.
